Abstract:In an earlier note in this journal, 1 I described Germany’s attempt to translate into a justiciable rule of law the subsidiarity principle — whereby, aside from areas that fall within its exclusive co...In an earlier note in this journal, 1 I described Germany’s attempt to translate into a justiciable rule of law the subsidiarity principle — whereby, aside from areas that fall within its exclusive competence, the federal government intervenes only when its action will be more effective than action taken at the regional or local level. This was done by incorporating the principle into article 72 (2) of the Basic Law alongside an express authorization 2 to the Federal Constitutional Court to strike down laws that did not comply with it. The German version of the principle of subsidiarity, as expressed in article 72 (2) of the Basic Law as amended in 1994, required the Court to determine whether legislation under federal concurrent powers was necessary “ in order to bring about equivalent living standards within the Federation, ” or to maintain “ legal or economic unity in the interests of the whole state. ” 3 I expressed doubts about whether the principle was appropriate for judicial enforcement. Since then, however, the German Federal Constitutional Court has done its best to proveRead More